H.R. 8870

BUILD America 250 Act

Official summary

Written by the Congressional Research Service.

Building Unrivaled Infrastructure and Long-term Development for America's 250th Act or the BUILD America 250 Act

This bill authorizes federal surface transportation (highway, public transportation, and rail) programs and activities through FY2031. The bill also establishes or modifies Department of Transportation (DOT) programs and policies that are a part of the federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs. 

For example, the bill authorizes appropriations through FY2031 out of the Highway Trust Fund for the federal-aid highway program, the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, highway safety programs, and bridge programs. The bill also authorizes funding through FY2031 for Amtrak. Current authorization for these programs expires on September 30, 2026.

Among other provisions, the bill

  • establishes a Surface Transportation Accelerator Grant (STAG) discretionary program to fund surface transportation projects in rural, urban, local, and regional communities;
  • requires the Federal Highway Administration to impose a new annual electric vehicle (EV) registration fee, starting at $130 for a covered EV and $35 for a covered plug-in hybrid vehicle;
  • exempts automated driving system technology and equipment from vehicle width requirements;
  • establishes a consolidated state block grant program that allows DOT to allocate a lump sum to participating states to fund public transportation services in rural and urbanized areas;
  • allows state rail safety inspectors to conduct railroad bridge inspections; and
  • establishes a system for state, local, and tribal governments to report safety concerns about the condition of railroad bridges.

Text of the bill

Expand all

I Federal-Aid Highways

A Authorizations and Programs

B Improved Project Delivery and Environmental Streamlining

C Miscellaneous

II Transportation Infrastructure Finance and Innovation

III Public Transportation

A Reforms

B Miscellaneous

C Reorganization and Consolidation of Chapter 53

IV Highway Safety

V Motor Carriers

A General Provisions

B Commercial Motor Vehicle Operators

C Commercial Motor Vehicle Safety

D Household Goods Shipping Consumer Protection Reform

E Safe Integration of Autonomous Commercial Motor Vehicles

VI Innovation

VII Freight and Multimodal Transportation Programs

A Freight Policy

B Multimodal Policy and Programs

VIII Miscellaneous

IX Sport Fishing and Recreational Boating Safety

X Railroads and Hazardous Materials

A Authorization of Appropriations and Grant Reforms

Sec. 10104. Consolidated rail infrastructure and safety improvements

Section 22907 of title 49, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (4) by inserting or a lessee of a federally-owned transportation hub after States;

(B) in paragraph (12) by striking A University transportation center and inserting An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and

(C) by adding at the end the following:

Text this section adds to the law

(14) A State, county, municipal, local, or regional law enforcement agency.

(2) in subsection (c)—

(A) in paragraph (3) by inserting , including projects that facilitate intercity passenger rail ridership growth or improve the movement of freight by reducing rail traffic congestion on shared rail lines or at crossings and junctions before the period;

(B) in paragraph (7) by inserting and related equipment, including locomotives before the period;

(C) in paragraph (12) by striking that the Secretary considers necessary and all that follows through the period and inserting the following: , development, or testing that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements, including wayside defect detection technology, rail car and train movement monitoring technology, and advanced systems, that enhance the safety and efficiency of railroad operations and oversight.;

(D) by striking paragraph (4); and

(E) by redesignating paragraphs (5) through (16) as paragraphs (4) through (15), respectively;

(3) in subsection (e)—

(A) in paragraph (1)—

(i) in subparagraph (A) by striking and at the end;

(ii) in subparagraph (B) by striking the period and inserting ; and; and

(iii) by adding at the end the following:

Text this section adds to the law

(C) not consider a cost-benefit analysis as part of the selection criteria under subparagraph (C) for projects described in paragraphs (7), (9), (10), (11), and (12) of subsection (c) for which a cost-benefit analysis may not be necessary, as determined by the Secretary, and may waive any requirement for an application for such projects to include a cost-benefit analysis.

; and

(B) in paragraph (2)—

(i) by redesignating subparagraph (F) as subparagraph (G); and

(ii) by inserting after subparagraph (E) the following:

Text this section adds to the law

(F) The extent to which the project increases safety or improves the efficient movement of freight or passengers.

(4) in subsection (g)(2) by striking urbanized area, as defined by the Bureau of the Census and inserting urban area, as defined by the Bureau of the Census with a population of 50,000 or less;

(5) in subsection (h)—

(A) in paragraph (2) by inserting , except that the Secretary may waive the non-Federal cost share requirement for a project eligible under subsection (c)(10) after 80 percent; and

(B) in paragraph (4)—

(i) by striking subsection (c)(5) and inserting subsection (c)(4); and

(ii) by striking subsection (c)(11) and inserting subsection (c)(10); and

(6) by adding at the end the following:

Text this section adds to the law

(m) Quarterly report

(1) In general. The Secretary shall make available on the website of the Department of Transportation at the end of each quarter of each fiscal year a report that describes each eligible project for which a grant was provided under this section.

(2) Requirements. The report under paragraph (1) shall include, for each such grant—

(A) the name, awarded amount, and status of the grant agreement from award announcement to obligation, to outlay, to closeout;

(B) whether the applicant requested and received pre-award reimbursement and for what amount;

(C) whether the project used a categorical exclusion and which exclusion was used; and

(D) whether the process under section 306108 of title 54 has been completed or is expected to be completed.

B Amtrak Reforms

C Passenger Rail Policy

D Rail Safety and Innovation

E Project Delivery

F Hazardous Materials Transportation